Close of NY fracking comment period brings flood of calls for further study

Yesterday marked the close of the public comment period on NY's environmental impact study and proposed regulations for new fracking. As expected, the response to this controversial proposal was overwhelming. Although we have not yet seen an official tally, it is expected that more than 30,000 comments were submitted to the Department of Environmental Conservation. This astounding, and certainly record-breaking, number of comments confirms that this remains the highest profile environmental issue facing the state, and one about which significant concerns persist.

NRDC submitted extensive comments, which together topped 650 pages. Included in this total are the comprehensive comments prepared by our technical and scientific experts on behalf of NRDC (as well as Catskill Mountainkeeper, Delaware Riverkeeper Network, Earthjustice and Riverkeeper), as well as a detailed legal and policy memo jointly submitted by those some organizations (plus the Sierra Club).

Overall, our conclusion remains that, although DEC made some real improvements since the 2009 draft proposal, serious and significant gaps remain. Individually and together, they demonstrate that DEC has more work to do and that the state is not ready to move forward with new fracking.

The message could not be more clear. Governor Cuomo must direct his DEC to slow down and take the time to do this right. That means giving DEC as long as it needs to fully and properly evaluate all the risks. And it means not proposing a plan for risky new fracking unless and until it can show that appropriate, legally binding safeguards for health and the environment can be established and effectively enforced. We're still a long way from being there.

The seven-mile buffer comes from analysis done on behalf of the NYC Department of Environmental Protection, which has shared responsibility (with the state) for protecting the water quality in the City's upstate reservoirs. The study is available on the DEP's website at: http://www.nyc.gov/html/dep/html/home/home.shtml.

It should be noted that the primary basis for this particular recommendation was concern about adequately protecting the ancient, vulnerable system of tunnels and aqueducts that transmit water from upstate reservoirs to the City from the risk of vibrations and other impacts from drilling and fracking.

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